Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 12855/2023 (exemption)

Exemption is allowed subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 3416/2023

1. Present petition has been filed seeking quashing of FIR No.0231 dated 05.03.2022 under Section 498A/406/34 IPC at PS Bawana.

2. Facts, in brief, are that the marriage between petitioner No.1 namely Ranu and respondent No.2/complainant was solemnized on 30.04.2021 as per Hindu rites and customs in Delhi. No child was born out of this wedlock. Thereafter owing to temperamental differences, both parties startedresiding separately since July 2021. Subsequently, respondent no.2/complainant lodged a complaint against the petitioners and FIR No. 231/2022 dated 05.03.2022, was registered at PS Bawana (Outer North), Delhi, under Sections 498A/406/34 IPC against the petitioners.

3. Learned counsel for the petitioner submits that since there was no probability or possibility of them living together as Husband and Wife, thematter was referred to Samadhan (Delhi High Court Mediation and Conciliation Centre) vide an order dated 01.09.2022 passed by this Court. Parties thereafterarrived at a settlement dated 21.09.2022 before Delhi High Court Mediation and Conciliation Centre on the following terms& conditions:

A. Both the Parties agree to dissolve their marriage by a Decree of Divorce by Mutual Consent in accordance with the provisions of Section 13 B(1) and 13 B(2) of the Hindu Marriage Act, 1955. The Parties have mutually agreed to file the joint Petitions for obtaining he decree of divorce by mutual consent before the appropriate Family Court having the territorial jurisdiction to grant divorce.

B. The First Party agrees to pay and the Second Party agrees to accept, a sum of Rs.6,50,000/- (Rupees Six Lakhs Fifty Thousand Only) towards full and final settlement of all the claims ofthe Second Party arising out of the matrimonial discord between the parties, including the claims on account of stridhan, maintenance (past, present and future), alimony (past, present and future), dowry and marriage expenses etc., or any other claim which could be attributed to the marriage.

C. Both the Parties agree to file first motion petition for divorce by mutual consent under section 13B (1) of the Hindu Marriage Act on or before 10.10.2022.

D. First Party and the Second Party shall file a joint application for waiving of statuary period of six months within 15 days from the date of the passing of the order of joint petition under Section 13-B(1) of the Hindu Marriage Act in terms of the judgment of Hon'ble Supreme Court in case of AMARJEET SINGH KSHARLEEN KAUR and file/cause second motion under Section 13-B(2) of theHindu Marriage Act for dissolution of their marriage.

E. Should the Judge, Family Court, not waive the statutory period of six months, the First Party and the Second Party shall jointly make a motion under Section 13-B(2) of the Hindu Marriage Act (Second Motion) within 7 days from theexpiration of the statutory period of six months before the concerned Family Court, in case the waiving of statutory period ofsix months is not granted by the Family Court.

F. The First Party agrees to pay and the Second Party agrees to accept the 1stInstallment of Rs.2,25,000/- (Rupees Two Lakhs Twenty Five Thousand Only) to the Second Party at the time of recording of statement of the Parties during First Motion Petition under Section13B(1) of HMA, before the concerned Family Court.

G. The First Party agrees to pay and the Second Party agrees to accept the 2ndInstallment of Rs.2,25,000/- (Rupees Two Lakhs Twenty Five Thousand Only) to the Second Party at the time of recording of statement of the Parties during Second Motion before the concerned Family Court.

H. The balance amount of Rs.2,00,000/- (Rupees Two Lakhs Only) shall be handed over to the Second Party at the time of her statement before the Hon'ble Delhi High Court wherein the First Party shall file the quashing petition to get the abo